Estate of Mitchell v. Commissioner
United States Tax Court
The decedent established an inter vivos trust, appointing his son as trustee, and transferred property thereto with the direction that the trustee should pay over to the decedent's wife during her lifetime such amounts of the net income, and principal of the trust fund if required, as the trustee should in his unrestricted discretion determine to be necessary for the support and maintenance of the decedent's wife, taking into consideration her other sources of income.
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The decedent established an inter vivos trust, appointing his son as trustee, and transferred property thereto with the direction that the trustee should pay over to the decedent's wife during her lifetime such amounts of the net income, and principal of the trust fund if required, as the trustee should in his unrestricted discretion determine to be necessary for the support and maintenance of the decedent's wife, taking into consideration her other sources of income. Held, that the decedent did not retain or reserve the possession or enjoyment of, or right to the income from, the property…
1Opinion of the Court
Atkins, Judge:
The respondent determined a deficiency in estate tax in the amount of $5,482.10. The only issue presented is whether the value of a trust created 'by the decedent is includable in his gross estate under the provisions of section 2036 of the Internal Revenue Code of 1954.
FINDINGS OF FACT
Some of the facts were stipulated and are incorporated herein by this reference.
The decedent Abner M. Mitchell died on February 11, 1964, and left surviving him his widow, Ella XL Mitchell, and his three adult children.
The legal residence of Ella K. Mitchell, executrix of the Estate of Abner W.…
2Cases cited13 opinions
- Pardee v. CommissionerUnited States Tax Court · 1967
- Helvering v. Mercantile-Commerce Bank & Trust Co.Court of Appeals for the Eighth Circuit · 1940
- Conway v. EmenySupreme Court of Connecticut · 1953
- Chrysler v. CommissionerUnited States Tax Court · 1965
- Estate of Jack F. Chrysler, Edith B. Carr, John W. Drye, Jr. And Manufacturers Hanover Trust Company, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1966
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3Cited by4 opinions
- Estate of Gokey v. CommissionerUnited States Tax Court · 1979
- Estate of Gokey v. CommissionerUnited States Tax Court · 1979
- Estate of Mitchell v. CommissionerUnited States Tax Court · 1970
- Estate of Sullivan v. CommissionerUnited States Tax Court · 1993